Honble VENKATASWAMI, J. – The first respondent in this appeal moved the High Court of Madhya Pradesh at Jabalpur, by filing M.P. No. 281/80 under Articles 226/227 of the Constitution of India challenging the correctness of the order dated 18.4.1979 and for a positive direction to the appellant to absorb him as Assistant Engineer like all other Junior Engineers belonging to his cadre in the Chambal Hydel Project and for consequential benefits accruing therefrom.

(2). Brief facts leading to the filing of the said Miscellaneous Petition may now be noted.

(3). The first respondent was appointed as a Sub-Overseer in the year 1951 in Chambal Hydel Scheme, Gandhisagar, by the erstwhile State of Madhya Bharat. In the year 1954, he was promoted as Overseer by the State Government. Upon re-organization of the State of Madhya Pradesh, the first respondent was absorbedas Overseer in the year 1956 and as such he was working in Chambal Hydel Scheme. While so, on 4.12.1960, a decision was taken for the transfer of Gandhisagar Power Station to the appellant Board (Madhya Pradesh Electricity Board), hereinafter referred to as the `Board with effect from 19.11.1960. It was also decided that the Chambal Project Authorities will maintain the Power Station on behalf of the appellant till 31.3.1961. It was also decided that the transmission lines and sub-sta- tions be handed over by the Chambal Project Authorities to the Board by 20.1.1961 and with effect from the same date all employees associated with the execution of the work pertaining to the transmission system and sub-stations will be deemed to have been provisionally transferred to the appellant Board.

(4). The services of the first respondent were transferred provisionally in the light of the decision taken by the State Government as mentioned above to the Board with effect from 1.4.1961 along with other employees of Chambal Project. At the time of absorption, the respondent No. 1 was holding the post of Overseer (S.G.) in the pay-scale of Rs. 290-370/-. The post of Chambal Project was equated with the post of Overseer under the Board carrying the pay-scale of Rs. 170-315/-. However as the pay-scale of Overseer (S.G.) was higher than the pay-scale of the post of Supervisor/Overseer under the Board, it was decided to treat the post of Overseer (S.G.) as isolated so that the respondent No. 1 is not put to financial loss. To that effect, an order was passed on 10.6.63. As the transfer of the services of the emplo- yees of the Chambal Hydel Project/Scheme to the Board was only provisional, the employees were required to exercise through option in writing within 30 days of the Notification dated 22.1.1962. Such employees were given the option either (i) to accept the services under the M.P. Electricity Board in accordance with the Boards Service Regulations and Conditions of Service as a whole or (ii) if the terms offered by the Board are not acceptable to treat their services terminated after ex- piry of 30 days from the date of exercising such option. Accordingly, the first respondent opted for the service of the Board and gave a declaration in writing on 21.2.1962 accepting the services under the M.P. Electricity Board in accordance with the Boards Service Regulations and Conditions of Service as a whole.

(5). However, after exercising the option as above, first respondent has been claiming that he ought to have been absorbed as Assistant Engineer from 1.4.1961 as according to him all his other colleagues, except himself, were absorbed as Assistant Engineers. This claim of the first respondent was not accepted by the Board right from the beginning on the ground that he did not possess the minimum educational qualification required for being appointed as Assistant Engineer under the Board. Hence the impugned communication dated 18.4.1979 was sent to him. The letter dated 18.4.1979 reads as follows :

`Sub : Representation of Shri SS Modh Line Sup. Cr. 1.

Shri S.S. Modh, LSCr. I has passed two years c

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